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(1) "Preceptor," a licensee who has been licensed for at least four years in South Dakota, has had no revocation or suspension of a license or other action taken as deemed necessary to protect the public, and has been approved by the board to train administrators-in-training;

(2) "Administrator-in-training," a person who is employed by or contracting with a licensed nursing facility and working under the supervision of a preceptor while completing the administrator-in-training program; and

(3) "Administrator-in-training program," an internship completed under the supervision of a preceptor that includes a minimum of 240 hours completed within six consecutive months utilizing an internship manual and reporting forms approved by the board.

20:49:02:03. President. The president shall preside at all meetings of the board. In the absence of the president, the vice-president shall preside at meetings and perform all duties usually performed by the president.

20:49:03:01. Examinations. An applicant for licensure must pass the following examinations:

(1) The computer-based Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrator Boards. A passing score on the examination is a scaled score with a passing point of 113; and

(2) A state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities. A nonrefundable fee of $100 shall be submitted to the board prior to the examination date. A passing score on the examination is 75 percent.

20:49:03:03. Conditional admission to examination. The board may conditionally admit to examination an applicant who has not fully established qualifications if, in the judgment of the board, it appears that the applicant is otherwise qualified.

20:49:03:07. Reexamination. An applicant who has failed the national or state examination may retake the failed examination if the applicant pays the applicable nonrefundable examination fee. An applicant who has failed either examination is entitled to reexamination a maximum of three times for each examination upon payment of the applicable fees. If unsuccessful after four attempts, the applicant may petition the board for reconsideration.

(a) Completion of an administrator-in-training program within four years preceding the date of application; or

(b) Completion of a practicum in long term healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application;

(4) A copy of the applicant's driver license or equivalent birth verification;

(5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

(6) Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrators Board within four years preceding the date of application; and

(7) Verification of passage of the state examination approved by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application.

20:49:04:03. Conviction of felony. The board may refuse to issue a license if the applicant has been convicted, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony.

20:49:05:01. Emergency permit. To meet the needs of a nursing facility that has a vacancy in the administrator's position, an emergency permit to practice as a nursing facility administrator may be issued to a person for not more than 180 days, subject to the following:

(1) A person of authority from the facility with the vacancy submits an application, accompanied by a nonrefundable emergency permit fee of $200;

(2) The emergency administrator provides services under the supervision of a preceptor;

(3) The preceptor provides appropriate supervision and is reasonably available to the emergency administrator to provide assistance; and

(4) The preceptor observes the emergency administrator at least two days a month in the facility in which the emergency administrator is serving and keeps a written memorandum of what was accomplished or discussed at each visit. A copy of the dated memorandum shall be maintained by the emergency administrator and the preceptor for one year following the date of expiration of the emergency permit.

A preceptor may be held responsible for the acts of the administrator operating under the preceptor's supervision only if the preceptor does not fulfill the requirements as stated above.

20:49:05:02. Limit on emergency permits at individual nursing facility. At the expiration of an emergency permit granted under § 20:49:05:01, the board may, upon application, renew an emergency permit for an additional 180 days provided the individual meets the requirements of § 20:49:05:01. An emergency permit may be renewed only once.

(a) An administrator-in-training program within four years preceding the date of application;

(b) A practicum in long term care healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application; or

(c) Six consecutive months of service as an administrator of a licensed nursing facility within four years preceding the date of application;

(4) A copy of the applicant's driver license or equivalent birth verification;

(5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

(6) Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrator Boards;

(7) Verification of passage of the state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application; and

(8) A certified letter verifying the nursing facility administrator license, or equivalent license, and status of such license from the board in each state or other political subdivision of the United States in which the applicant is or has been licensed. If an applicant for reciprocal licensure has had action taken against a license as a nursing facility administrator, or equivalent license, the applicant may be denied a license.

20:49:08:01. Application for renewal. Every person who holds a license shall apply to the board biennially by December 31 of each even-numbered year and report any information requested by the board on forms provided by the board. A licensee need not be actively practicing as a nursing facility administrator to be eligible to renew the license.

20:49:08:02. Inactive status -- Reactivation. A licensee may place the license as inactive upon completion of a form provided by the board and payment of the nonrefundable fee of $150. A licensee may reactivate the license within five years following the date of inactivation. The required fee to reactivate a license is the initial licensure fee. To satisfy the continuing education requirement to reactivate a license, the licensee shall provide evidence of 20 hours of board approved continuing education earned within the past 12 months.

20:49:08:03. Continuing education requirements. A minimum of 40 hours of board approved continuing education pertaining to health care, healthcare administration, or business administration is required biennially for renewal of a license. The board may accept academic courses pertaining to health care, healthcare administration, or business administration offered through a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation. The board may approve continuing education providers and programs.

20:49:08:04. Criteria for continuing education course approval. A provider or program that desires approval as a continuing education provider or program may apply on a form approved by the board. The board shall notify the applicant of its decision.

20:49:15:01. Grounds for revocation, suspension, or other action. The board may revoke or suspend a license or take other action deemed necessary to protect the public upon any of the following grounds:

(2) The licensee or permittee is guilty of fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties as a nursing home administrator, or in obtaining renewal of a license or permit;

(3) The licensee or permittee has been convicted of, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony. A felony is any offense which would be a felony under the laws of South Dakota if it was committed in the state;

(4) The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any drugs or controlled substances to such an extent that the licensee or permittee cannot perform the duties;

(5) The physical or mental condition of the licensee or permittee is determined by a competent examiner to jeopardize those who seek the professional services of the licensee or permittee. A majority of the board may demand an examination of the licensee or permittee. If the licensee or permittee fails to submit to the examination, it is immediate grounds for suspension of the license or permit;

(6) The licensee or permittee is guilty of unprofessional conduct;

(7) The licensee or permittee has violated any provision of SDCL chapter 36-28 or any rule promulgated pursuant to that chapter; or

(8) The licensee had an action taken against a nursing facility administrator or equivalent license in another jurisdiction.

(9) Appropriating medications, supplies, or personal items of the patient or resident or agency;

(10) Forging a prescription or making a drug available to self, friends, or family members;

(11) Falsifying records submitted to the board, to the state department of health, or to any other government agency;

(12) Delegating nursing facility administrator care, functions, tasks, or responsibilities to others contrary to SDCL chapter 36-28 or to the detriment of patient or resident safety;

(13) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed professional;

(14) Leaving a nursing facility administrator assignment or post without notifying a substitute;

(15) Assisting any other person to violate or circumvent any provision of SDCL chapter 36‑28 or this article;

(16) Permitting an unlicensed person to use a nursing facility administrator license or permit for any purpose; and

(17) Having a license or certificate in a related health care discipline in the state of South Dakota or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as defined in items 1 to 16, inclusive, of this rule.